5824-03323 — Transport Canada
The complainant alleged that Transport Canada improperly withheld information under several provisions of the Access to Information Act related to a vessel-seaplane collision. Transport Canada initially claimed exemptions under paragraphs 16(1)(c), 19(1), 20(1)(b), 20(1)(d), and 21(1)(b). During the investigation, the complainant narrowed the scope, and Transport Canada dropped its reliance on 16(1)(c) and 21(1)(b). The Commissioner found that Transport Canada could not justify most of its claims under 20(1)(b) and 20(1)(d), except for a limited amount of information under 20(1)(b) that met all four requirements. Furthermore, Transport Canada failed to demonstrate that it had considered its obligation to exercise discretion under subsection 20(6) for the information that did meet the 20(1)(b) exemption. The Commissioner ordered Transport Canada to disclose the information for which exemptions were not justified and to properly exercise its discretion for the remaining information. Transport Canada indicated it would likely comply with the order, and the complaint was found to be well founded.
- 1Whether s.16(1)(c) ATIA (conduct of investigations) was properly applied
- 2Whether s.19(1) ATIA (personal information) was properly applied
- 3Whether s.20(1)(b) ATIA (confidential third-party financial, commercial, scientific or technical information) was properly applied
- 4Whether the information was financial, commercial, scientific or technical under s.20(1)(b) ATIA
- 5Whether the information was confidential under s.20(1)(b) ATIA
- 6Whether the information was supplied by a third party to a government institution under s.20(1)(b) ATIA
- 7Whether the third party consistently treated the information as confidential under s.20(1)(b) ATIA
- 8Whether Transport Canada reasonably exercised its discretion under s.20(6) ATIA for information meeting s.20(1)(b)
- 9Whether s.20(1)(c) ATIA (financial impact on a third party) was properly applied
- 10Whether s.20(1)(d) ATIA (negotiations by a third party) was properly applied
- 11Whether s.21(1)(b) ATIA (accounts of consultations or deliberations) was properly applied
- s.20(1)(b) third-party financial: Exemption mostly not justified
- s.20(1)(d) third-party information: Exemption mostly not justified
- s.20(6) discretion to disclose: Discretion not properly exercised
- Disclosure of records: Records ordered disclosed
- Complaint outcome: Complaint well-founded
Complaint well founded — disclosure ordered and discretion exercise mandated
Transport Canada failed to justify the application of most exemptions claimed, and for the limited information where an exemption (s.20(1)(b)) was found to apply, the institution did not demonstrate that it had properly exercised its discretion under subsection 20(6) of the Act.
The Minister of Transport is ordered to disclose information for which exemptions were not justified, and for information meeting s.20(1)(b), to determine whether the public interest in disclosure clearly outweighs potential harm to the third party and then reasonably exercise discretion under s.20(6).
- s.16(1)(c) ATIA
- s.19(1) ATIA
- s.20(1)(b) ATIA
- s.20(1)(d) ATIA
- s.21(1)(b) ATIA
- s.30(1)(a) ATIA
- s.35(2)(c) ATIA
- s.36.3(1) ATIA
- s.20(5) ATIA
- s.20(6) ATIA
- s.20(2) ATIA
- s.20(4) ATIA
- s.37(2) ATIA
- s.43 ATIA
This summary is for informational purposes only and does not constitute legal advice.
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